H 3011 Joint Resolution, By Wilkins, Harrison, W.D. Smith, Cato, Harrell, 
Chellis, G.R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, 
Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING
 TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER
 OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES
 TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE
 COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF
 THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
 CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE
 AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION
 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO
 DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH
 THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION
 OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE
 RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE
 GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF
 REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY
 REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE
 STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE
 SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Judiciary
   01/11/05  House  Introduced and read first time HJ-45
   01/11/05  House  Referred to Committee on Judiciary HJ-46
   01/11/05  House  Member(s) request name added as sponsor: Chalk
   01/13/05  House  Member(s) request name added as sponsor: Merrill
   01/18/05  House  Member(s) request name added as sponsor: Brady
   01/19/05  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   01/20/05         Scrivener's error corrected
   01/25/05  House  Member(s) request name removed as sponsor: Sandifer
   01/26/05  House  Member(s) request name added as sponsor: Edge, Hagood
   01/26/05  House  Debate adjourned HJ-25
   01/26/05  House  Requests for debate-Rep(s). Harrison, Walker,
                     Mahaffey, Littlejohn, Sinclair, Lucas, Anderson,
                     JE Smith, Ott, Cobb-Hunter, Weeks, McLeod,
                     Hayes, Hosey, JE Brown, JH Neal, Clyburn, Parks,
                     Kennedy, Breeland, Mack, Leach, GR Smith,
                     Phillips, Anthony and R Brown HJ-38
   01/26/05  House  Debate adjourned until Thursday, January 27, 2005 HJ-42
   01/27/05  House  Member(s) request name removed as sponsor: Toole
   02/01/05  House  Amended HJ-30
   02/01/05  House  Read second time HJ-48
   02/01/05  House  Roll call Yeas-90  Nays-30 HJ-48
   02/02/05  House  Read third time and sent to Senate HJ-21
   02/02/05         Scrivener's error corrected
   02/02/05  Senate Introduced and read first time SJ-19
   02/02/05  Senate Referred to Committee on Judiciary SJ-19
   03/15/05  Senate Referred to Subcommittee: Martin (ch), Moore,
                     Ritchie, Malloy, Cromer, Campsen, Williams

AMENDED

February 1, 2005

H. 3011

Introduced by Reps. Wilkins, Harrison, W.D. Smith, Cato, Harrell, Chellis, G.R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood

S. Printed 2/1/05--H.    [SEC 2/2/05 10:35 AM]

Read the first time January 11, 2005.

EXPLANATION OF IMPACT:

The Election Commission

The agency indicates there will be no fiscal impact on the General fund of the State or on federal and/or other funds. While there is a cost associated with printing a referendum ballot, the funding for statewide general elections is sufficient to cover this cost.

SPECIAL NOTES:

Based on the outcome of the proposed referendum there could be a cost to the General Fund of the State. Section 1-1-1210 of the Code of Laws of South Carolina, 1976, establishes the salary of the above constitutional officers to be $92,007. If the Commissioner of Agriculture and the Superintendent of Education become appointed positions, then Section 1-1-1210 may need to be amended to provide salaries consistent with current cabinet positions.

The FY 2004-05 Appropriation Act reflects an appropriation of $58,034 for the Board of Education which could be recognized as expected savings if that board is abolished.

Approved By:

Don Addy

Office of State Budget

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION    3.    It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."

SECTION    4.    The proposed amendment in Section 5 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION    5.    It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."

SECTION    6.    The proposed amendment in Section 7 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."